|
(h) Water, snow or ice being upon or coming through the roof, stairs,
<br />doorways, foundations, walks, or any other place upon or near the
<br />Building, the Property or the Premises;
<br />(1) Falling of any fixture, plaster, tale or stucco; and
<br />p) Any act, omission or negligence of any tenant, licensee, trespasser,
<br />tortfeasor, or other person in or about the Building and the parking
<br />areas.
<br />9. INSURANCE
<br />9.1 Building and PronertV Insurance; Landlord shall at all times throughout the Term
<br />either self - insure, or shall maintain fire, extended coverage and casualty Insurance
<br />covering the Building In an amount or amounts not less than ninety percent (90 %) of
<br />the full replacement cost of the Building, Tenant shall maintain Insurance on Its
<br />property in the Premises in an amount equal to the full insurable value thereof.
<br />9.2 Waiver of Subrogation; Landlord and Tenant hereby waive all rights of recovery and
<br />causes of action which either has or may have or which may arise hereafter against
<br />the other, whether caused by negligence, Intentional misconduct or otherwise, for any
<br />damage to the Premises, or the Building, or any other property or business caused
<br />by any of the perils covered by a standard fire insurance policy with extended
<br />coverage, vandalism and malicious mischief endorsements, building and contents
<br />and business Interruption (if applicable) Insurance, or for which either party may be
<br />reimbursed as a result of insurance coverage affecting any loss suffered by it;
<br />provided, however, that the foregoing waivers shall apply only to the extent of any
<br />recovery made by the parties hereto under any policy of Insurance now or hereafter
<br />Issued and further that the foregoing waivers do not invalidate any policy of insurance
<br />of the parties hereto, now or hereafter issued, The waivers set forth herein shall not
<br />apply In any case In which the application thereof would result In the invalidation of
<br />any such policy of insurance. Any additional premium caused by these waivers of
<br />subrogations shall be paid by the party benefited thereby.
<br />9.3 Liability Insurance: Tenant shall, at its sole cost and expense, either self- Insure, or
<br />shall obtain and maintain throughout the Term and any extension thereof one or more
<br />policies of comprehensive general liability insurance, including personal Injury, death
<br />and property damage insurance, Issued by a responsible Insurance company or
<br />companies authorized to do business in the State of Ohio In an amount not less than
<br />Two Million Dollars ($2,000,000) and providing a combined single limit of not less
<br />than Two Million Dollars ($2,000,000) for injury, death or property damage to one or
<br />more persons. Landlord and Landlord's management agent, North Pointe Realty,
<br />Inc., shall be named as additional Insured parties under said self- Insurance or
<br />policies. At the commencement of the Term and thereafter at any time within ten (10)
<br />days after Landlord's request therefor, Tenant shall deposit with Landlord a copy of all
<br />such policies or certificates showing such insurance to be in force with all current
<br />premiums therefor paid. All such policies shall contain an undertaking by the insurers
<br />to notify the Landlord, in writing, by registered or certified mail, not less than thirty (30)
<br />days prior to any material change, cancellation or other termination thereof. Tenant
<br />shall also either self - Insure, or shall obtain and maintain throughout the Term such
<br />
|